Right in property
murthy
(Querist) 15 June 2017
This query is : Resolved
Sir, My client's(female) grand father purchased immovable property in the year 1942. Grand father died intestate and the property devolved on the widow of grand father. consequent upon death of grand mother of my client in the year 1975, my client's father alongwith his 3 brothers orally partitioned the property (unregistered). My client born in the year 1959. My client's father gifted the said immovable property to his grandson (Son's son) in the year 2010. Kindly clarify whether my client has right in the immovable property fallen in her father's share in view of the Hindu succession (amendment) Act, 2005.
Dr J C Vashista
(Expert) 15 June 2017
It is self-acquired property of father of your (female) client since partition by meets and bounds, hence he (her father) is competent to dispose it of as he desired including gift to his grandson.
Consequently she (your client) can not establish her share in the property, where provisions of inheritance are inapplicable, irrespective of amendment in Hindu Succession Act, 1956 (amended in 2005).
Kumar Doab
(Expert) 15 June 2017
It is believed that all are Hindu.
Confirm!
Kumar Doab
(Expert) 15 June 2017
ClassI legal heirs of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed have 1st right i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………………..
Kumar Doab
(Expert) 15 June 2017
In case of Hindu Woman the estate firstly devolves upon her husband sons and daughters and nature and source of property matters.
The property that devolves by inheritance may be of nature self acquired.
The owner of self acquired property can dispose it in his/her life time by a valid/registered deed in anyone’s favor.
Grandson/daughter has NO forced share in self acquired property of Grandfather.
Dr J C Vashista
(Expert) 15 June 2017
Thank You Goyal ji for agreeing with me.
murthy
(Querist) 17 June 2017
Sir, My client's(female) grand father purchased immovable property in the year 1942. Grand father died intestate and the property devolved on the widow of grand father. consequent upon death of grand mother of my client in the year 1975, my client's father alongwith his 3 brothers orally partitioned the property (unregistered). My client born in the year 1959. My client's father gifted the said immovable property to his grandson (Son's son) in the year 2010. Kindly clarify whether my client has right in the immovable property fallen in her father's share in view of the Hindu succession (amendment) Act, 2005.
Kumar Doab
(Expert) 17 June 2017
What is new that you want to point out!
Dr J C Vashista
(Expert) 18 June 2017
Discuss with a local senior lawyer for appreciation of facts, which you may not be able to communicate through this post.
